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Immigration Law Question: I-130 approved for Canadian, can I remain in US?

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  • Immigration Law Question: I-130 approved for Canadian, can I remain in US?

    Hi,

    This site is a great resource! I hope someone can give me some clarity.

    Here's my situation:

    - My USC father filed an I-130 for me in April 2006. I am in the F1 category, unmarried and over 21

    - Last year I received approval on my I-130 and my case is with NVC waiting for a Visa to become available. Current processing for my category
    is at July 2004, my priority date is April 2006.

    - As a Canadian I can legally be in the US for 6 months less 1 day for each calendar year. I work remotely for a Canadian company and spend about 9 months of the year in the US.

    - I have a preschool age son who attends a private school in the US. He was born in Canada but his father is a USC. We have not filed for my son's USC because I am unsure if it will negatively affect my status or complicate things when we officially emigrate.

    Before the retrogression last January, I was sure my GC would come through by August 2012 when my current job will be ending. I assumed i would have legal status and could then work legally in the US. It's not looking that way anymore.

    I am preparing for the fact that I will have to return to Canada in the next few months and wait for the GC there but would like to know if there's any filings I can do here in the US to allow me to stay legally while I wait. I crossed through immigration at the airport and went through inspection.

    Any insight would be greatly appreciated!

  • #2
    Hi,

    This site is a great resource! I hope someone can give me some clarity.

    Here's my situation:

    - My USC father filed an I-130 for me in April 2006. I am in the F1 category, unmarried and over 21

    - Last year I received approval on my I-130 and my case is with NVC waiting for a Visa to become available. Current processing for my category
    is at July 2004, my priority date is April 2006.

    - As a Canadian I can legally be in the US for 6 months less 1 day for each calendar year. I work remotely for a Canadian company and spend about 9 months of the year in the US.

    - I have a preschool age son who attends a private school in the US. He was born in Canada but his father is a USC. We have not filed for my son's USC because I am unsure if it will negatively affect my status or complicate things when we officially emigrate.

    Before the retrogression last January, I was sure my GC would come through by August 2012 when my current job will be ending. I assumed i would have legal status and could then work legally in the US. It's not looking that way anymore.

    I am preparing for the fact that I will have to return to Canada in the next few months and wait for the GC there but would like to know if there's any filings I can do here in the US to allow me to stay legally while I wait. I crossed through immigration at the airport and went through inspection.

    Any insight would be greatly appreciated!

    Comment


    • #3
      Hi, longwaits and welcome

      You can't do anything based on your father's filing until that priority date becomes current and a visa number is available to you. You would need to extend your employment, find another employer, or apply for a different visa.

      Registering your sons birth will have no impact on your petition or your current status. In fact, when it comes time, it'll be easier for you as you wouldn't need to file for him. There is no need for you to wait.

      Of course, a reputable immigration attorney would be better able to answer your questions fully, as we're not professionals here.
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

      Comment


      • #4
        Thanks Aroha,

        I"m not currently in the US on any visa at the moment so I guess I will be heading back to the Great White North until my number is up. I'll enjoy the free health care while it lasts

        Comment


        • #5
          Heh. Nothing is ever really free though, is it? I know it wasn't in NZ!

          You can kill some time by contacting the Consulate and getting that boy of yours all Americanized
          **************************************
          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

          Comment


          • #6
            You're totally right, nothing is free. We sure like to think it is though

            Definitely going to file an n600 to get my son's USC.

            As for the consulate, I'm not sure what I would say. Because I've already overstayed my visit this year until January 1 rolls around I get nervous about reaching out to any officials and potentially exposing myself. Extremely paranoid over here!

            Comment


            • #7
              If the overstay is less than 180 days, you have nothing to worry about.
              **************************************
              The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

              Comment

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